For early people with the same diagnose, see ‘ Abd ar-Rahman ( name ) Abdul Rahman ( irani : عبدالرحمن ; natural 1965 ) is an Afghan citizen who was arrested in February 2006 and threatened with the death penalty for leaving Islam and converting to Christianity. On 26 March 2006, under heavy press from alien governments, the court returned his case to prosecutors, citing “ fact-finding gap ”. [ 1 ] He was released from prison to his family on the nox of 27 March. [ 2 ] On 29 March, Abdul Rahman arrived in Italy after the italian government offered him political mental hospital. [ 3 ] Abdul Rahman ‘s arrest and trial brought international attention to an apparent contradiction in the Constitution of Afghanistan, which recognizes both a limited form of exemption of religion and the Hanafi school of Islamic jurisprudence, which mandates the death penalty for male apostates from Islam. The case became a cause célèbre and attracted widespread external condemnation, notably from the United Kingdom and the United States, both of whom led the campaign to remove the fundamentalist Taliban government in 2001 and are the chief donors of aid to Afghanistan. [ 4 ]
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early life [edit ]
Abdul Rahman ( Name Changed to Joel ) was born in 1965. [ 5 ] In 1990, when working as a staff penis for a Catholic non-governmental help group providing aesculapian aid to Afghan refugees in Peshawar, Pakistan, he came in touch with Christianity and was subsequently baptised into the Roman Catholic Church. [ 6 ] After his conversion he adopted the biblical appoint Joel. [ 7 ] In 1993, he moved to Germany and by and by unsuccessfully sought refuge in Belgium [ 8 ] before being deported to Afghanistan [ 9 ] in 2002 after the fall of the Taliban government. [ 10 ] Abdul Rahman ‘s wife divorced him because of his conversion to Catholicism. [ 8 ] In the ensuing hands struggle over the couple ‘s two daughters, [ 11 ] who had been raised by Abdul Rahman ‘s parents during his absence, [ 12 ] the mother ‘s family raised the topic of his religion as grounds for denying him hands. [ 11 ] When he returned to Afghanistan, he was disowned by his parents, who stated : “ Because he has converted from Islam to another religion we do n’t want him in our house ” and “ Abdul Rahman wanted to change the ethics of my children and family. He is not going in the right guidance. I have thrown him out of my house ”, while his daughters said that “ He behaves badly with us and we were threatened and disgraced by him. He has no job and has never given me a stitch of clothe or a crust of bread. Just his name as a beget ” and “ He said he was my father but he has n’t behaved like a founder since he came back to Afghanistan. He threatens us and we are all afraid of him and he does n’t believe in the religion of Islam. ” [ 12 ]
Arrest and trial [edit ]
In February 2006, members of his family reported him to the patrol. [ 13 ] He was arrested after police discovered that he possessed a Bible. [ 14 ] After his arrest, he was unable to find a lawyer in Kabul will to represent him. Authorities barred attempts by the Associated Press news agency to see him. [ 6 ] legal experts [ Who? ] say Abdul Rahman ‘s lawsuit existed because of contradictory laws in the Afghan Constitution recognizing both freedom of religion and the Hanafi school of shariah police. Article 130 of the Constitution of Afghanistan enables prosecutors to charge him for apostasy “ in accord with the Hanafi law ”. The text of the article says :
In cases under consideration, the courts shall apply provisions of this Constitution a well as other laws. If there is no provision in the Constitution or other laws about a casing, the courts shall, in pursuit of Hanafi jurisprudence, and, within the limits set by this Constitution, rule in a way that attains department of justice in the best manner. [ 15 ]
Prosecutors asked for the death punishment for Abdul Rahman, calling him a “ microbe “. [ 13 ] Prosecutor Abdul Wasi demanded his repentance and called him a double-crosser : “ He should be cut off and removed from the remainder of Muslim company and should be killed. ” The Afghan lawyer cosmopolitan was quoted as saying that Abdul Rahman should be hanged. [ 16 ] Abdul Rahman ‘s discriminative proceedings, which began on 16 March and became widely known in the external press on 19 March, were overseen by three judges in the populace security court of Kabul ‘s primary court. Ansarullah Mawlawizadah, the head judge in the encase, said that Abdul Rahman would be asked to reconsider his conversion : “ We will invite him again because the religion of Islam is one of tolerance. We will ask him if he has changed his heed. If so we will forgive him. ” [ 17 ] Ansarullah Mawlafizada besides said “ the Prophet Muhammad has said several times that those who convert from Islam should be killed if they refuse to come back, Islam is a religion of peace, tolerance, kindness and integrity. That is why we have told him if he regrets what he did, then we will forgive him ”. [ 18 ] The evaluate added more : “ If [ he ] does not repent, you will all be witness to the sort of punishment he will face. ” [ 19 ] When facing a possible death sentence, Abdul Rahman held firm to his convictions : “ They want to sentence me to death and I accept it … I am a Christian, which means I believe in the trio … I believe in Jesus Christ. ” [ 20 ]
Efforts by Afghan Christians [edit ]
While Abdul Rahman was on trial, a number of Afghan Christians worked to bring the attention of the external media towards the miserable of the Afghan Christians and specially Abdul Rahman. [ 21 ]
mental fitness to stand trial [edit ]
The Afghan Embassy in Washington, D.C. announced on March 22 that the state ‘s judicial system was evaluating Abdul Rahman ‘s mental fitness. Moayuddin Baluch, a religious adviser to President Hamid Karzai confirmed that Abdul Rahman would undergo a psychological examination. [ 22 ] Judge Mawlawizadah stated that since Rahman refused to repent then his genial submit was being examined. If he was found to be mentally disqualify, the case would be dismissed. [ 19 ] Abdul Rahman ‘s conversion to Christianity, while knowing that doing thus is punishable by death, was viewed by some as evidence of mental incompetence. An Afghanistan department of state prosecutor Sarinwal Zamari said of Abdul Rahman in an consultation with the Associated Press on March 22, 2006, “ We think he could be harebrained. He is not a normal person. He does n’t talk like a normal person. Doctors must examine him. If he is mentally disqualify, decidedly Islam has no claim to punish him. He must be forgiven. The case must be dropped. ” [ 22 ] early sources said Rahman is “ perennially idle and mentally unbalance ”. [ 23 ] Prosecutor Abdul Wasei said he doubted claims regarding Abdul Rahman ‘s mental imbalance. “ I did not see any kind of mental problem in this case ”, he said. Wasei said that Rahman, when asked about his mental health, insisted that it was finely. “ I am O.K., you can prosecute me, I can answer your questions ”, Wasei said Rahman told him. [ 24 ] Diplomats said that the Afghan politics was “ urgently searching for a way to drop the case ” [ 14 ] by declaring Abdul Rahman mentally disqualify to stand test. [ 6 ] [ 25 ]
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The court besides raised questions about Rahman ‘s nationality. Rahman had lived abroad, in Germany, Greece and Belgium. If he had acquired double nationality, it was argued, the condition of his case could change. There were diverse opinions regarding Abdul Rahman being declared unfit for trial. Critics said that declaring him harebrained would not solve what they regarded as a constitutional flaw that allows prosecution under Islamic law. An column in The Washington Times wrote that declaring him mentally unfit is “ a manufacture loophole ” which would enable the Afghan government “ to back down to avoid a black internal and diplomatic crisis. This solution, such as it is, wo n’t resolve the fundamental discrepancy in Afghanistan ‘s constitution. ” [ 26 ] A New York Times editorial echo these sentiments, saying that declaring Abdul Rahman mentally incompetent was a way for the Afghan government to “ avoid the batch ” and “ that would be a brassy trick because the law would remain on the books. ” [ 27 ] In France, Marianne cartridge holder stated western critics of the shell might not be satisfied if the Kabul motor hotel avoided the death sentence for Abdul Rahman by declaring him harebrained and bad for trial. “ If he is not sample, he will credibly end up in a psychiatric hospital, which for a man of sound mind is sometimes worse than death. ” [ 28 ]
dismissal [edit ]
On March 24, 2006, Afghan authorities announced that they were considering releasing Abdul Rahman soon. A especial government meet on his subject was held on the follow day during which President Hamid Karzai conferred with respective Cabinet ministers for a way to free him without angering the state ‘s mighty conservative Muslim clerics who have called for Abdul Rahman ‘s execution. [ 29 ] [ 30 ] After this meet an nameless senior politics official said there is a “ solid possibility ” that Abdul Rahman would be freed on Sunday the 26th. [ 31 ] however the prosecutor dismissed any claims that Abdul Rahman was to be released. Later on Sunday the evaluator made the postdate statement : “ The shell, because of some technical equally well as legal flaws and shortcomings, has been referred back to the prosecutor ‘s office ”. [ 32 ] Clerics question President Karzai ‘s agency to order Abdul Rahman ‘s free. Cleric Khoja Ahmad Sediqi, a extremity of the Supreme Court in Afghanistan, warned against interfering with the courts, saying that “ The Qur’an is identical open and the words of our prophet are very clear. There can merely be one consequence : death. If Karzai releases him, it will play into the hands of our enemy and there could be an rebellion. ” [ 33 ] On March 28, 2006, the AP reported that Abdul Rahman had been released. The announcement came after the United Nations said he had appealed for refuge away Afghanistan. [ 34 ] On March 29, 2006, Prime Minister of Italy Silvio Berlusconi announced that his cabinet had approved Rahman ‘s mental hospital plea and Rahman had already arrived in Italy. [ 35 ]
reception in Afghanistan [edit ]
government officials [edit ]
Agence France Presse ( AFP ) quoted an unidentified Afghan official as saying that President Hamid Karzai has personally interfered in Abdul Rahman ‘s case to secure the convert ‘s release. “ The president is personally working to resolve it peacefully. There is a way out of it ”, said the official. “ I believe it ‘ll take one or two days. ” [ 36 ] former Afghanistan Foreign Minister Dr. Abdullah said during a compress conference with US Under Secretary for Political Affairs R. Nicholas Burns, “ I know that it is a very sensible consequence and we know the concerns of the american people. In fact, in our embassy we received hundreds of messages of such kind. vitamin a far as I understand the nature of the subject has been that the wife of the gentleman has registered a lawsuit against her conserve. And then the Government of Afghanistan has nothing to do in it. It ‘s a legal and judicial subject. But I hope that through our constitutional serve there will be a satisfactory consequence out of that work. ” [ 37 ] He besides stated : “ Every time we have a casing it is like an alarm. These contradictions [ between freedom of religion and shariah ] will not go away with one or two cases. ” [ 38 ] Ansarullah Mawlawizadah announced international coerce will not affect his rulings in the casing, saying : “ There is no aim pressure on our motor hotel indeed far, but if it happens we will consider it as an hindrance. We have a constitution and law hera. cipher has the right to put coerce on us. ” [ 39 ] In an consultation to AFP, Mawlawizadah confirmed his placement : “ We have nothing to do with diplomatic issues. We ‘ll do our job independently. ” [ 36 ] He says that he expects to rule in the case in the adjacent several days. [ 39 ]
Muslim clerics [edit ]
After Abdul Rahman ‘s catch and the subsequent rape and criticism of the Afghan government, luminary Afghan clerics spoke out against his possible spill. Afghan clerics have denounced what they assert is hindrance by other countries and by President Hamid Karzai with the autonomy of the Afghan courts. Maulavi Habibullah told more than a thousand clerics and young people gathered in Kabul that “ Afghanistan does not have any obligation under external laws. The prophet says, when person changes religion, he must be killed. ” [ 40 ] many clerics have spoken out to the media saying that Abdul Rahman should receive the death penalty for apostasy. Cleric Enayatullah Baligh, speaking at one of Kabul ‘s main mosques said, “ We respect all religions but we do n’t go into the british embassy or the american embassy to see what religion they are following. We wo n’t let anyone interfere with our religion and he should be punished. ” [ 41 ] Ahmad Shah Ahmadzai, a big mujahidin leader and head of the Hizb-i-Iqtadar-i-Islami Afghanistan, and former acting choice minister in the government of Burhanuddin Rabbani before the Taliban came to power in 1996, said, “ Regardless of the woo decision [ whether or not he is hanged ], there is consentaneous agreement by all religious scholars from the north to the confederacy, the east to the west of Afghanistan, that Abdul Rahman should be executed. There is far-flung dissent among the masses against the activities of christian missionaries. These missions exploit the poverty of Afghan people and they pay them to convert. These activities will only translate into fierce reaction as Afghans do not tolerate anything against their religion. Since Abdul Rahman comes from Panjshir, people of the area are coming down to Kabul to show their dissent against him and need that the court execute him. ” [ 42 ] Muslim cleric Abdul Raouf, a extremity of Afghanistan ‘s main Islamic constitution, the Afghan Ulama Council, stated “ Rejecting Islam is contemptuous God. We will not allow God to be humiliated. This man must die. ” Raouf, who is described by the AP as “ moderate ”, is quoted as saying : “ Cut off his read/write head ! ” and “ We will call on the people to pull him into pieces indeed there ‘s nothing left. ” Raouf said Abdul Rahman will lone survive if he goes into exile. During his sermon at Herati Mosque on March 24, 2006, Raouf told around 150 worshippers that Abdul Rahman deserved death since he had “ committed the greatest sine. God ‘s direction is the right way, and this man whose name is Abdul Rahman is an apostate. ” [ 43 ] Mirhossain Nasri, the top cleric at Hossainia Mosque, said “ If he is allowed to live in the West, then others will claim to be Christian so they can besides ”, he said. “ We must set an example. … He must be hanged. ” [ 6 ] Muslim cleric Mohammed Qasim who resides in the northern city of Mazari Sharif, said : “ We do n’t care if the West drops its support for us. God will look after Afghanistan. ” [ 44 ] [ 45 ]
Afghan public [edit ]
The BBC assesses that many members of the Afghan public are song in support of Abdul Rahman ‘s performance, though it does not estimate if these are in the majority. “ The courts should punish him and he should be put to death ”, said Kabul inhabitant Abdul Zahid Paymen. Mohammed Qadir agrees that he must be executed : “ According to Islamic law he should be sentenced to death because Christianity is forbidden in our estate ”. [ 18 ] Abdul Rahman ‘s neighbor remarked : “ there is no way we are going to allow an Afghan to insult us by becoming Christian. ” [ 14 ] Religious intellectual Shahnawaz Farooqui, speaking on Abdul Rahman ‘s conversion, said “ he will have to be executed … If person at one point affirms the truth and then rejects it or denies it, it would jeopardize the whole prototype of truth. This is such a big offense that the penalty can entirely be death. At the very most, some scholars argue that the person should be given time to rethink, and if he embraces Islam again, he will be forgiven. ” [ 46 ]
International reactions [edit ]
Calls for Abdul Rahman ‘s let go of [edit ]
A total of westerly countries and NGOs condemned his test as a human rights irreverence and called for the release of the Afghan convert .
Australia: Australian Prime Minister John Howard said Abdul Rahman’s case was “appalling” and that “when [he] saw the report about this [he] felt sick literally. The idea that a person could be punished because of their religious belief and the idea they might be executed is just beyond belief.”[43]
Canada: The Canadian government has expressed concern, especially as the Canadian Forces have recently taken command of the coalition force in Kandahar province and the government is facing pressure to ensure the mission leads to an open, democratic Afghanistan. Canadian Prime Minister Stephen Harper phoned Hamid Karzai[47] and said in a written statement, “I phoned President Karzai personally yesterday to express our concern. He conveyed to me that we don’t have to worry about any such eventual outcome”.[48]
- Statements calling for release have also been issued by the Muslim Canadian Congress.[49]
- Secretary of State Condoleezza Rice appealed directly to President Hamid Karzai for a “favorable resolution”, though she did not demand that the charges be dropped.[54] Undersecretary of State for Political Affairs R. Nicholas Burns asked for the trial to be conducted with “transparency” and reminded Afghanistan that “people should be free to choose their religion.”[26]
- The U.S. Islamic advocacy group Council on American-Islamic Relations called for Abdul Rahman’s immediate release.[55]
- The Seventh-day Adventist Church has urged that Abdul Rahman be released, and allowed to practice his religion freely.[56]
- The United States Commission on International Religious Freedom (USCIRF) wrote in a letter addressed to U.S. President George W. Bush on March 22, 2006 that: “On several previous occasions, the Commission has raised concern that the Afghan constitution’s failure to include adequate guarantees of freedom of religion and expression for members of the country’s majority Muslim community could lead to unjust criminal accusations of apostasy and blasphemy. With no guarantee of the right to religious freedom for all individuals, together with a judicial system instructed to enforce Islamic principles and Islamic law, the door is open for a harsh, unfair, or even abusive interpretation of religious orthodoxy to be officially imposed”.[57]
Vatican City: Pope Benedict XVI has urged the president of Afghanistan to pardon Abdul Rahman. asking “for respect for human rights sanctioned in the preamble of the new Afghan constitution”.[47][58]
possible withdrawal of care [edit ]
Germany, which is involved in the UN-mandated International Security Assistance force in Afghanistan and besides heads an international campaign improving Afghanistan ‘s police force, has suggested that Afghanistan could potentially lose aid or technical hold for reconstruction efforts depending on the result of Abdul Rahman ‘s case. german Interior Minister Wolfgang Schäuble has stated “ I highly support the estimate that we make it clear to Afghanistan, in every way possible, that abiding by and protecting human rights, which Afghanistan is obliged to, includes [ protecting the ] exemption of religion. ” Schäuble besides said, “ We contribute a lot to rebuilding Afghanistan and towards its stability, so I truly believe that Afghanistan must realize that we insist upon the freedom of religion. You can not punish people because they change their religion. ” [ 59 ] In response to Schäuble ‘s comments, Afghan Economy Minister Amin Farhang said that the government in Kabul can not stop donor countries from withholding help or technical support, but consequences of such withdrawals would be worse for western countries than Afghanistan. Farhang stated : “ I think that politicians in the West, including in Germany, reacted identical emotionally. It should n’t be like that. There ‘s a lack of data. And besides, while the site has n’t been resolved and the final decision has n’t been made yet, they ca n’t threaten to withdraw security forces or alien aid. That amounts to blackmail. ” [ 19 ] Farhang besides said that Kabul is attempting to build majority rule after the Taliban was forced from power by US forces in 2001, but that the right field to convert from Islam to Christianity is besides extreme for a traditional Islamic club such as Afghanistan which upholds the Islamic punishment for apostasy. He besides stated : “ Afghanistan can not switch abruptly from one extreme to the other. ”